Anonymous
14 December 2011 at 07:36
A company gave a cheque for say Rs. 10 lakh which was bounced. The complainant realised some amount by selling the movable property pledged by the guarantors.
When a legal notice was received, the same was not replied.
Complainant filed a case u/s. 138 N.I. Act.
Complainant also separately filed a case for winding up. In the said petition, it was stated that against Rs. 10 lakh due it has received a sum of Rs. 600000/- and rs. 400000 with interest is recoverable.
In view of the above, whether the accused can plead that since the accused is not liable to pay Rs. 10 lakh but even as per the statement of the complainant (in the winding up) only 400000 is due, the complainant cannot sustain the complaint u/s. 138 N.I. Act against a cheque for Rs. 10 lakh.
The accused company wants to present the certified copy of the winding up petition filed by the complainant wherein the amount stated to be due from the accused is only Rs. 4 lakh, which is much less than the dishonoured cheque amount of Rs. 10 lakh.
The case is now posted for framing of charges since the company accepted having issued the cheque for Rs. 10 lakh.
Is it possible for the company to present the certified copy of the winding up petition filed by the complainant where the amount due is shown to be very less than Rs. 10 lakh, and to plead that the case be dismissed and the accused be discharged, since the accused does not owe Rs. 10 lakh, while the bounced cheque is for Rs.10 lakh?
If so, please indicate under what provisions of Cr.PC it can do so?
Anonymous
13 December 2011 at 23:46
fact - Mr.'A' & Mrs.'B' were married for 8 years but their marriage was never happy one.Mrs.'B' used to make complain against Mr.'A' for not able to fulfill her demands.she used to compare him with her father who is a successful bussinessman.Mr.'a' informed his father-in-law Mr.'C'(aged 60) about his family problem but Mr.'C' everytime asked Mr.'A' to adjust with his daughter.On 10 january,2011 both the party sat together to solve the problem where Mr.'A' said."if situations are not changed then i will be forced to divorce your daughter."Hearing this Mr.'C' started shouting at his son-in-law & threatened him that if he divorce his daughter than he will give him a good lesson.
Being very annoyed Mr.'A' sent a divorce notice on 12 january,2011 to his wife & dragged her out of the house.
On 14 february 2011,Mr.'X' who is the family friend of both the parties invited Mr.'A; & Mr.'C' to his son's wedding.Mr.'X' wanted to make reconciliation between the parties.In between a conversation Mr.'C' was seen to jabbing Mr.'A' on his chest that day.being very angry Mr.'A' dragged Mr.'C' out of the wedding venue & gave a punch on his stomach & Mr.'C' became senseless.Point to be noted that Mr.'C' had an open heart surgery just 2 months before.A police officer was passing nearby.Hearing the shout he went to the place & on the basis of heresay witnesses arrested Mr.'A' & made FIR accordingly.
On behalf of Mr.'C' his daughter Mrs.'B filed a case of grievous hurt against Mr.'A'.
question-1. Is there actually any grievous hurt ??
2.As there was a matter of provocation from the side of Mr.'C', what are the defences for Mr.'A' ??
james
13 December 2011 at 22:22
Police party went to a shop to seize some
contraband from a shop.When asked by the SI
the accused stated that he is the owner of the shop.,After preparing search list materials were seized by police.
The accompanying police man deposed this fact before the court.The court disallowed
the question on the ground that the statement
is exculpatory.Whether the view of the magistrate is correct?
Anonymous
13 December 2011 at 19:55
DEAR MEMBERS,
FIRSTLY MY CASE IS AT THE STAGE OF FRAMING OF CHARGES.
I HAVE SOME DOCUMENTS WITH ME THAT HAVE BEEN COLLECTED BY THE SDM COURT SAKET, WHICH THE IO OF MY CASE HAS CONVENIENTLY NOT COLLECTED AND PUT IN THE CHALLAN FILED BY HER.
FURTHER IN MY ARGUMENTS WHEN I TOLD THE HON'BLE COURT THAT THESE DOCUMENTS ARE REALLY VERY IMPORTANT FOR FRAMING OF CHARGES AND THESE SHOULD BE INCORPORATED IN THE JUDICIAL FILE. THE COURT ASKED A LEGAL QUESTION THAT, UNDER WHAT SECTION YOU WANT COURT TO INCORPORATE THOSE DOCUMENTS.
THEREAFTER I HAD TO FILE AN APPLICATION AND GET THE SAME SUPPLIED TO THE ACCUSED, FORWARDED THROUGH THE APP STATE, FOR WHICH THE HEARING WILL TAKE PLACE ON THE N.D.O.H.
PLS SUGGEST ME UNDER WHICH SECTION THIS APPLICATION IS ACCEPTED WHEN THE I.O. DOES NOT DO THE NEEDFUL AND FURTHER IF THERE ARE ANY PREVIOUS H.C. OR S.C. RULINGS AND CITATIONS TO HELP ME OVERCOME MY PROBLEM IN THE N.D.O.H.
THANX AND REGARDS TO ALL.
Anonymous
13 December 2011 at 19:15
Dear Sir ,I want to know about a statement as a witness given by Mr. Rohitash in ACM courtJhunjhunu in the case 131/98 that Bholi Devi( His sister) had left her share in favour of his brother &mother.After a gap of ten year Bholi Devi filed a suit in ADJ COURT Chirawa in this she has demanded his share. Mr. Rohitash as an opponent against his brother&mother. He has given a written reply in ADJ Court in favour of Bholi Devi&he changed his previous statement given as a witness in case 131/98. Can a person can change his statement given by him in a court to another court?
Can I file a case of conspiracy 120b OR 420
againstMr. Rohitash? kindly guide me. subhash
navin
13 December 2011 at 18:58
Respected all,
Thanks for guidance and for your gratitude.
In continuation of my query regarding falsity of statement about work and income of husband.
It is worthful submitting, at the time of application about falsity about income and work.
I have messages sent by wife related to,
a) she herself cancelled the relation by her own wish
b) she threatened husband by the name of police
c) she warned husband if he ever tried to contact he will be in danger.
all the above sent by her when husband went to take her back at her parents place.
her parents wants something else and husband is not following their words.
Anonymous
13 December 2011 at 17:56
Hi All
My wife filed a false dowry case on me in her native place X while investigation IO has transferred the case to place x where we were stayed due to juridiction.And they went to same ranking court in place x with the help of police & court has given permit on the request letter given by police.Then file has got transferred back to her native place x.Then we went session court for the lower court order they they given the call for records to see the documents.
Now my question are
1)Whether same ranking court can pass any order against same ranking court order.
2)We have filed revision petition in session court whether it is maitanable
3)Now at her native police has gone to court for to take permit to continue the investigation.whether it is legal when higher court ordred for called for records.
4)when the case is pending at the higher court if they do the investigation is legal.
Anonymous
13 December 2011 at 16:30
Dear,Sir
         Please guide me about se.420. Can I file a case against my sister who had left her share in parental Agricultural land in favour  of his brothers&mother in ACM court on 21.10.2000. In case Bhoja Ram Vs Rameshwar.131/1998
Sir ,after a gab of ten years in month of  sept 2010, she has filed a case by the name  of shushila Urf Bholi Devi
demanding her share back in ADJ court Chirawa(Jhunjhunu)
Sir in year 21.10.2000 she had  handover her share by the name  Bholi Devi.
Sir in year 28.09.2010 she has filed a case in ADJ court Chirawa(Jhunjhunu) demanding her share by the name  of shushila Urf Bholi Dev .
Sir ,the case filed in  ADJ court Chirawa(Jhunjhunu)  she has not disclosed that she had quit her share in favour  of his brothers&mother in ACM court on 21.10.2000. In case Bhoja Ram Vs Rameshwar.131/1998
kindly guide me via e-mail subhash.met@rediffmail.com. I will be grateful to youÂ
Syed
13 December 2011 at 14:12
Dear Sir,
We have issued around 10 Post Dated Cheques to 1 company & we have clearly written a e-mail stating that not to present those cheques till we give written confirmation, but they have presented all the cheques to our current account with out any information given to us, & since there was no amount in the account all the cheques have been bounced kindly guide us the effects of this.
Thanks & Regards,
Syed
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Regarding section 409 & 420 ipc
Respected all
I have convicted in a case u/s 409 & 420. In the case CJM, Nahan sent me to imprisonment for 3 years & fined me Rs. 10000/- and after my appeal in Session court, Nahan H.P. he has dismissed my appeal and further I appealed in Hon'ble H.P. High Court. Is there any decision given by the Hon'ble Supreme Court in which any accused under 409 & 420 acquitted?